COFEK Challenges NSSF Contribution Directive Over Employee Deductions

The Consumers Federation of Kenya (COFEK) has filed an urgent court petition challenging a new directive by the National Social Security Fund (NSSF) on employee contributions.

In a petition filed on June 15, 2026, COFEK asked the court to hear the matter on a priority basis, arguing that the directive continues to affect employers, employees, and contributors across the country.

“We, Tali Israel Tali and Mulongo Haron Makhanu, Advocates of the High Court of Kenya practising as such in the firm of Messrs. Tali Tali Advocates, do hereby certify this matter as extremely urgent and fit for hearing on a priority basis for the following reasons,” read part of the petition.

The petition names the NSSF Board of Trustees, the Cabinet Secretary for Labour and Social Protection, and the Attorney General as respondents.

The Federation of Kenya Employers (FKE) and the Central Organization of Trade Unions Kenya (COTU-K) have been listed as interested parties.

COFEK Seeks Urgent Court Orders Against NSSF Contribution Directive

According to the petition, NSSF issued a public notice on June 5, 2026, titled “Clarification on the Status of NSSF Contributions.”

The notice advised employers and employees to continue complying with and remitting contributions under the enhanced contribution framework established under the National Social Security Fund Act, 2013.

Also Read: NSSF Issues Fresh Directives to Salaried Kenyans and Employers After Latest Court Ruling

However, COFEK argues that the directive is unlawful and unconstitutional.

The consumer rights lobby claims the notice has influenced employers and payroll administrators to continue making deductions from workers’ salaries, affecting millions of contributors across the country.

COFEK further alleged that the NSSF notice violates several provisions of the Constitution, including Articles 10, 35, 46, 47, and 232.

According to the petition, the directive raises important constitutional questions about whether public bodies can issue administrative notices that have far-reaching effects on citizens and employers.

In addition, the organisation argues that the notice has continued to guide payroll and statutory remittance decisions nationwide despite the ongoing legal concerns surrounding the contribution framework.

Call for Urgent Court Intervention

Therefore, the consumer group is seeking urgent conservatory orders to stop the continued implementation of the directive while the case is being heard and determined.

Also Read: Petition Filed to Remove Education PS Julius Bitok from Office

According to COFEK, failure to intervene could leave employers and employees acting on the disputed notice during every payroll cycle, potentially exposing millions of Kenyans to financial uncertainty and liability.

“Unless this Honourable Court intervenes urgently and grants appropriate conservatory relief, employers and employees shall continue to act upon the impugned notice, thereby exposing millions of Kenyans to continuing prejudice, uncertainty and potential financial liability whilst simultaneously undermining public confidence in the administration of social security legislation and the authority of judicial determinations,” read part of the petition.

The organisation maintains that the matter is of great public importance because it touches on social security, labour relations, statutory deductions, consumer protection, constitutional governance, and the rule of law.

COFEK has therefore urged the court to certify the case as urgent and hear it on a priority basis.

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COFEK Seeks Urgent Court Orders Against NSSF Contribution Directive. PHOTO/ FILE